TMI Blog2019 (7) TMI 1435X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee should not suffer unintended and deleterious consequences beyond what the object and purpose of the provision mandates. As the developments with regard to the Section recorded above shows that the amendment was curative in nature, it should be given retrospective operation as if the amended provision existed even at the time of its insertion. Since the assessee has filed its returns on 01.08.2005 i.e., in accordance with the due date under the provisions of Section 139 IT Act, hence, is allowed to claim the benefit of the amendment made by Finance Act, 2010 to the provisions of Section 40(a)(ia) of the IT Act. See M/s Calcutta Export Company [2018 (5) TMI 356 - Supreme Court] - ITA No. 6343/DEL/2016 - - - Dated:- 4-7-2019 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim and in its reply, the assessee stated that the TDS has been deposited before filing the return of income. Therefore, the facts are squarely covered by the amendment brought to section 40(a)(ia) of the Act. However, this claim of the assessee was discarded by the Assessing Officer who was of the firm belief that the said amendment is w.e.f. 01.04.2015 and therefore, not applicable to the subject Assessment year. 5. The assessee carried the matter before the CIT(A) but without any success. 6. We have heard the representatives of both the sides and have given a thoughtful consideration to the orders of the authorities below. There is no dispute that the return of income was filed on 29.09.2013 whereas t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e time of its insertion. Since the assessee has filed its returns on 01.08.2005 i.e., in accordance with the due date under the provisions of Section 139 IT Act, hence, is allowed to claim the benefit of the amendment made by Finance Act, 2010 to the provisions of Section 40(a)(ia) of the IT Act. 31) In light of the forgoing discussion, we are of the view that judgment of the High Court does not call for any interference and, hence, the appeals are accordingly dismissed. In view of the above, all the connecting appeals, interlocutory applications, if any, transferred cases as well as diary numbers are disposed off accordingly. Parties to bear cost on their own. 9. Respectfully following the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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